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What’s the real truth on legalized cannabis in Michigan?


Earlier this year we posted on what’s allowed and what isn’t. Since then, new questions have arisen, which we’re addressing here in this Q&A.
Michigan legalized the sale of cannabis for medical in 2008. To date, thirty-three states have enacted the same law.

Then last November, 57% of Michiganders who took part in the issue voted to legalize recreational marijuana sales. The election was certified in December and the law went into effect, ending marijuana's criminalization. Michigan became the 10th state to make the move. But officials have had a year to set up a system to issue licenses to sell to recreational retailers.

So, what’s the latest?
Sunday, December 1st was the first day of legal weed sales in Michigan.

And customers came prepared with plenty of cash. More than $220,000 rang through the registers at the four legal pot shops open on that historic first day. And in the first eight days of legal weed sales, five legal adult-use shops around the state sold $1.6 million of recreational marijuana, according to reports by the Detroit Free Press.
Andrew Brisbo, director of the Michigan Marijuana Regulatory Agency admitted, "That was what we expected. The demand is already there and we’re inching toward the supply that will meet that demand."

So where can I buy recreational marijuana, legally?
As of December 9th, 10 retailers have been licensed to sell adult-use marijuana in communities that include the cannabis-friendly city of Ann Arbor as well as Evart and White Cloud. More openings are imminent.

Are there cannabis dispensaries near me?
That depends on where you are.The fact is only 20% of cities in Michigan allow dispensaries. And of those, not all have them up and running yet – either medical or recreational.

Why isn’t legalized marijuana in more widely available in Michigan?
There are a few reasons.

First, the Michigan Regulation and Taxation of Marihuana Act allows municipalities to opt-in or opt-out of allowing recreational marijuana facilities. This includes marijuana retailers.

The state only started accepting applications for recreational cannabis dispensaries on November 1st of this year. As of December 9th, the state has awarded 21 recreational cannabis licenses – 10 of which are to retail shops. It has pre-qualified a bunch more business applications. But each must be vetted thoroughly and the location inspected before they can be awarded a state license.

What’s the hold up?
While Michiganders may have already voted to approve legalized recreational dope, it’s the local municipalities that make it happen. And the fact is, approximately 80% of municipalities (more than 1,400) have opted out of allowing recreational marijuana sales in their communities.

Are the authorities responsible?
In the towns that haven’t banned it, local governments are still sorting through the process. Many are still drafting ordinances that will decide who gets the coveted retail licenses. Of course, there are some that are deliberately dragging their feet.

Detroit, for example, has granted 40 licenses for medical marijuana dispensaries, but the city has put a hold on granting recreational licenses. In early November, the Detroit City Council voted unanimously to opt-out of legalizing recreational cannabis until at least January 31, 2020. The story is similar in Ferndale, where there are three medical dispensaries and the city intends to grant three recreational business licenses. But it has decided to extend the date for submitting applications until March 1st.

Who can buy legal recreational marijuana in Michigan?
Anyone over the age of 21 with a valid state ID or driver's license can purchase recreational marijuana from licensed retailers.

Okay, what can I buy, exactly?
It’s not like there’s an abundance of product out there. And – let’s be honest – for now, not much variety to speak of. (Common Citizen will rectify both of those issues in the days to come.)

The law limits sales to 2.5 ounces of flower, including up to 15 grams of concentrate.

Until this December, it’s all been for medical use. So the state has allowed businesses with adult-use licenses to sell 50% of their medical inventory now as recreational product, as long as they’ve had it in their inventory for at least 30 days.

Anyone who’s been to a dispensary recently knows there’s been an ongoing shortage of marijuana flower in the medical market. It’s probably fair to expect a similar situation for recreational users – at least for a while.

It’s worth remembering that the state has temporarily halted the sales of marijuana-infused vapes to ensure consumers are not harmed by vitamin E acetate. That’s the additive which the Centers for Disease Control has linked to lung illnesses in more than 2,000 people, including 49 now who have died.

Edibles are the answer. Gummies and mints, chocolate bars and concentrates. With a larger supply of marijuana-infused edibles in a variety of forms and flavors, Michiganders would have no trouble getting all the cannabis they’d like.

What’s a fair price for pot products?
It’s difficult to predict the future of prices, particularly as the market develops and more and more product is made available. Currently, in Michigan, marijuana flower ranges from $10 to $20 a gram. Pre-rolled joints go anywhere from $6 to $12. Concentrates will set you back $10 to $40 for a half-gram. And marijuana-infused edibles can run from $15 to $25 but often include multiple servings in a package.

How much cannabis can I have on me?
Legally, you’re allowed up to 2.5 ounces of pot on you and up to 10 ounces at home – as long as it’s locked up. You can have up to 2.5 ounces in your car. It should be in some type of container, and out of sight in a secure location, like the glove box or trunk. And, of course, neither drivers nor passengers can consume weed while in a vehicle.

Can I smoke cannabis in public?
In a word: No.

Legalizing marijuana for recreational doesn’t give you a free pass to get high wherever you want. But your home is your own and you can, of course, use cannabis at home or at the homes of friends and family.

The good news is public consumption may be coming. The state has created a category of license for social consumption – places where people can gather to use marijuana. But it hasn’t issued any licenses yet. Right now, public consumption outdoors and driving while high are both illegal. Like drinking and driving, police can arrest you if they suspect you’re driving under the influence of marijuana, although arrests for public consumption might be harder for police to enforce. Like smoking cigarettes, you’re welcome to do it at home, but it’s prohibited in restaurants and other public buildings.

Can I use marijuana in my rental?
Your landlord owns the property. He or she has every right to prohibit smoking and growing cannabis plants on the property they own. What they can’t do is stop you from using non-smokable forms of marijuana, such as edibles.

Can I be fired for using marijuana?
Yes. Employers can still do pre-employment and random drug tests on employees. And legalization won’t protect you if you test positive. Any employer can or fire or discipline you if you test positive for marijuana.

If you’re applying for a job, you might not want to walk in to the interview reeking of pot. They can refuse to hire you if you smoke cannabis. And they’re allowed to maintain zero-tolerance policies for their employees while at work.

Where can I grow marijuana?
Don't expect to plant cannabis among the petunias in your front flower garden. Legally, you’re allowed to grow up to 12 cannabis plants for personal use. But here’s the catch: Plants can’t be visible from a public place "without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area."

What happens to medical marijuana?
Nothing. Except that medical patients will be prioritized, as customers, over recreational consumers. Retail shops must also have a medical marijuana license for at least their first two years selling recreational pot.

But you should know there are two differences between medical and recreational marijuana in Michigan. Medical marijuana edibles can have a higher potency level – up to 50 milligrams per serving. For recreational edibles, the potency limit is 10 milligrams per serving.
Taxes on medical and recreational weed are also are different. Medical marijuana carries the state's 6% sales tax while recreational has a 10% excise tax in addition to the 6% sales tax.
Can you go into a dispensary without a card in Michigan?
Anyone with ID showing they’re at least 21 can go into one of the new recreational dispensaries. At a medical dispensary, however, if you want to access the product area, you need ID declaring you’re over the age of 21 and you need to have a medical card. It’s easy to get a card, though. Of course, if you visit one of the licensed retailers that opened December 1st, and you’re 21, you can now buy recreational cannabis products.

Where do we go from here?
According to the Detroit Free Press, “Michigan's medical marijuana industry serves nearly 300,000 people.” But estimates from the U.S. Department of Health and Human Services claim the recreational market in our state could be about 1.5 million.
 
 
Green Peak Innovations holds license to 50 percent of what's allowed for sale in Michigan's recreational marijuana market

As of today, there are 29 adult-use recreational marijuana licenses in Michigan. The most recent is a retailer in Battle Creek — Battle Spring LLC. Among the 29 licensees, 12 are retail stores, 10 are growers, three are processors, two are transporters, one is a safety compliance facility, and one is an event organizer.

A look at the licensees shows Ann Arbor to be the big winner, with nine licenses — grower, retailer, safety compliance, processor, and transporter. Clearly the City of Trees is also the city of marijuana.

That look also shows Green Peak Innovations to be the biggest marijuana company in the state to date. Green Peak holds five Class C grow licenses (7,500 plants), one processor license, and one retail license for Green Peaks/Skymint. Ann Arbor's exclusive Brands is the only other business to be vertically integrated with one license each for growing, processing, and retail sales so far.
RELATED Here's where you can buy legal recreational marijuana in Michigan right now
Green Peak is clearly positioned to be a market leader — holding license to 50 percent of what's allowed to be legally grown for adult-use sale in Michigan. Green Peak executives led the fight to keep caregiver marijuana out of provisioning centers and pushed the Marijuana Regulatory Agency to allow adult-use sales before 2020.

Adult-use licenses in the state have gone to:
Class C Grower
• Lume Cannabis, Evart, four licenses
• Green Peak Innovations, Dimondale, five licenses
• Exclusive Brands LLC, Ann Arbor
Processor

• Green Peak Innovations, Dimondale
• Ann Arbor Kitchen LLC, Ann Arbor
• Exclusive Brands LLC, Ann Arbor
Retail
• Nature's ReLeaf Burton, Inc., Burton
• Elite Wellness, Mt. Morris
• The Barn, Burton
• White River Wellness, White Cloud
• Ann Arbor Healing LLC, Ann Arbor
• Green Peak Innovations/Skymint, Ann Arbor
• Michigan Supply and Provisions, Morenci
• Lit Provisioning Center/Lume Cannabis Company, Evart
• Greenstone, Ann Arbor
• Arbor's Wellness, Ann Arbor
• Exclusive Provisioning Centers, Ann Arbor
Safety and Compliance Labs
• PSI labs, LLC, Ann Arbor
• Battle Spring, LLC, Battle Creek
Secure Transporter
• All Green Transport, LLC, Kalkaska
• Greenline Express, Ann Arbor
Marihuana Event Organizer
• Real Leaf Solutions, Kalkaska
 
1st licensed recreational weed retailer in West Michigan held up by city approval process

BATTLE CREEK, Mich. — West Michigan's first state-licensed recreational marijuana retailer can't sell recreational weed yet because the city paperwork is still ongoing.

The Michigan Department of Licensing and Regulatory Affairs (LARA) Marijuana Regulatory Agency (MRA) issued a license to Battle Spings, LLC, which goes by Battle Creek Provisioning, making it the first business in the Battle Creek area licensed to sell recreational marijuana. A manager said they can't start recreational sales until the city issues its own permit.

The Battle Creek city planning department said Friday, Dec. 20, 2019, that permit application process could take several weeks, a process the city clerk's office said could be delayed by the holidays.

"Once that is reviewed internally, which takes one to two weeks, the city will issue a final permit and that is the last step, then the business can open or start doing business," Battle Creek City Planner Eric Feldt said.


The city's website shows the application to sell recreational marijuana in Battle Creek is completed in two parts. Part B can only be submitted once a state license is issued.

Licensed retailers in other city's have been able to begin recreational sales once the state license was issued.

Feldt said Battle Creek decided to create its own permitting process to ensure businesses follow all state rules before they open.

“It’s more or less to make sure that everything is confirmed at the end, and that no mistakes have been made," he said.



Recreational Marijuana Sales
From Dec. 1 - 15, retailers earned $3,102,714, according to data from the MRA, and the state collected $515,051 in combined sales and excise taxes on those sales.

The taxes collected break down like this:

  • $310,271 in excise tax
  • $204,779 in sales tax
A LARA spokesperson said the excise tax revenue is distributed to many different entities.

They said 15% of that tax's revenue is allocated to "municipalities in which a marihuana retail store or marihuana microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the municipality."

Another 15% goes to "counties in which a marihuana retail store or microbusiness is located, allocated in proportion to the number of marihuana retail stores and marihuana microbusinesses within the county."

LARA said 35% goes to "the school aid fund to be used for K-12 education."

The agency said another 35% goes to "the Michigan transportation fund to be used for the repair and maintenance of roads and bridges.
 
Detroit marijuana provisioning centers file lawsuit, say they should be allowed to sell recreational pot
attachment-1.jpg

  • Wares for sale at The Reef medical marijuana provisioning center in Detroit. The Reef is suing LARA and the city of Detroit for failing to provide licenses to allow it to sell recreational marijuana.
Remember those medical marijuana provisioning centers that expected to open on Dec. 1 with recreational adult-use licenses, but then didn't?

The lawsuits have started.

Utopia Gardens, The Reef, 420 Factory, Plan B Wellness, 96 West Detroit, THC Detroit, and two grow operations have filed suit against the state office of Licensing and Regulatory Affairs, it's Executive Director Andrew Brisbo, and the city of Detroit in the Ingham County Court of Claims. Their issue is that they were all pre-approved for retail licenses, but LARA stopped processing their licenses when Detroit opted out of the adult-use program on Nov. 12.

First, a chronology of events:

On Dec. 6, 2018, the November vote (Proposal 1) to legalize marijuana was certified. The Michigan Regulation and Taxation of Marijuana Act required that the state allow applications within one year — and here we are a year later.

On Nov. 1, 2019, the state Marijuana Regulatory Agency began taking applications for recreational licenses only from those who already held medical marijuana licenses.

On Nov. 12, 2019, the Detroit City Council officially opted out of recreational marijuana. At this point, the suit alleges the state stopped processing applications from Detroit locations, although many of them had been prequalified.

On Dec. 1, 2019, recreational adult-use marijuana went on sale at four locations in Ann Arbor and a couple of other spots in the state. There was a reported $121,000 in Ann Arbor sales on that first day. In the first two weeks the state reports $3.1 million in sales — although none of that came from Detroit, the state's biggest market.

"I don't like twiddling my thumbs while a select few are able to sell marijuana because LARA decided to initiate the plan prematurely," says Stewart Carter, president of Utopia Gardens.

Carter refers to the widespread belief that adult-use sales would not start until spring 2020. But during a Benzinga "update on recreational licensing in Michigan" meeting in Detroit on Wednesday, Brisbo said that he was honoring the will of the people in setting the Dec. 1 date.

Section 9.3 of the state law reads, "the department shall approve a state license application and issue a state license ... at the time of application." While the ellipsis glosses over a bunch of qualifications for the applicants, the point is that if you meet the qualifications at the "time of application" then the state "shall approve" and "issue."

The time of application was Nov. 1, and the plaintiffs met enough qualifications to be prequalified.

Howell-based attorney Denise Pollicella argues that her clients are due licenses. "We went ahead and filed the applications," she says. "The state took the applications initially and we got prequalified and scheduled inspections."

Then the state inspector canceled those appointments.

"In the meantime, they issued everything in Ann Arbor," says Pollicella. "The director (Brisbo) literally drove down there himself. We applied on the same day."

"I don't understand why Detroit is getting special treatment for its inaction," she adds. "They've had a year."

Detroit opted out until at least Jan. 31, 2020, supposedly in order to pull a reasonable social equity program together to make sure Black entrepreneurs, a community that has been disproportionately impacted by the War on Drugs, is not left out of the new industry. In practical terms, a suit filed now isn't going to make a lot of difference as far as that date is concerned. But Detroit's opt-out doesn't necessarily end then.

"Detroit is the largest bureaucracy as far as a city is concerned, so it is going to take a minute," says Pollicella. Regarding how long it would take to get it all worked out, she says, "Even if they opted in today, I'm guessing it would take them at least a year."

David Harns, communications manager for LARA, declined to comment. "We can't comment on pending litigation," he tells Metro Times.

Carter is optimistic. He says that based on his conversations with the Detroit Law Department, "They're not going to oppose it if we get our recreational license. Whether or not they stand behind that is unsure, but I'm just going by what the city said."

This won't be the last lawsuit. Pollicella predicts there will be lawsuits in other cities regarding social equity provisions.
 
Applications open for marijuana businesses in Lansing

LANSING, MI (WILX) -- Applications are open to apply for a recreational marijuana license in Lansing.

pot+marijuana+mgn25.jpg

The City of Lansing will accept marijuana operations applications of all types except for medical provisioning centers, according to the city.

Applications are only being accepted during a 30 day window.

Under Lansing's marijuana ordinance licensed medical dispensaries will have a fast track to selling recreational pot.


Criteria for adult use retail and medical provisioning centers


Issuing recreational pot shop licenses has increased the state's revenue.

The first week a handful of pot shops in Michigan opened. Those shops brought in $1.6 million in sales.
 
From the MRA...

ADVISORY BULLETIN
December 26, 2019

Bulletin Terminating the Effect of the MMLB March 2019 Resolution

On March 21, 2019, the Medical Marihuana Licensing Board (MMLB) adopted a Resolution on Marijuana Product Access for Patients. On April 30, 2019, Executive Order No. 2019-7 abolished the MMLB and transferred the authorities, powers, duties, functions and responsibilities of the MMLB under the Medical Marihuana Facilities Licensing Act (MMFLA) to the Marijuana Regulatory Agency (MRA).

Effective March 1, 2020:

This advisory bulletin terminates the effect of the March 2019 Resolution on Marijuana Product Access for Patients.

Licensees must continue to notify the MRA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

Until such time as the MRA publishes an advisory bulletin notifying all licensees that the effect of this bulletin has been terminated, the MRA will not take disciplinary action against a licensee in the following circumstances:

Growers and Processors

Licensees who obtain marijuana flower – defined as bud, shake and trim only – from registered primary caregivers must enter all inventory into the statewide monitoring system immediately upon receipt.

Licensees may only transfer marijuana flower that has been tested in full compliance with the law and administrative rules.

Licensees must tag or package all inventory that has been identified in the statewide monitoring system and must transfer marijuana flower by means of a secured transporter, except where exempted under the MMFLA.

Provisioning Centers

Licensees must obtain patient consent on a form provided by the MRA prior to selling any marijuana products obtained from a caregiver prior to April 1, 2019, that have not been tested in full compliance with the law and administrative rules. As of November 22, 2019, licensees must additionally test these products for Vitamin E Acetate, if intended for use by inhalation.

This advisory bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with all applicable laws and rules.
 
From the MRA...

ADVISORY BULLETIN
December 26, 2019

Bulletin Terminating the Effect of the MMLB March 2019 Resolution

On March 21, 2019, the Medical Marihuana Licensing Board (MMLB) adopted a Resolution on Marijuana Product Access for Patients. On April 30, 2019, Executive Order No. 2019-7 abolished the MMLB and transferred the authorities, powers, duties, functions and responsibilities of the MMLB under the Medical Marihuana Facilities Licensing Act (MMFLA) to the Marijuana Regulatory Agency (MRA).

Effective March 1, 2020:

This advisory bulletin terminates the effect of the March 2019 Resolution on Marijuana Product Access for Patients.

Licensees must continue to notify the MRA within one business day of becoming aware of any adverse reaction to a marijuana product sold or transferred.

Until such time as the MRA publishes an advisory bulletin notifying all licensees that the effect of this bulletin has been terminated, the MRA will not take disciplinary action against a licensee in the following circumstances:

Growers and Processors

Licensees who obtain marijuana flower – defined as bud, shake and trim only – from registered primary caregivers must enter all inventory into the statewide monitoring system immediately upon receipt.

Licensees may only transfer marijuana flower that has been tested in full compliance with the law and administrative rules.

Licensees must tag or package all inventory that has been identified in the statewide monitoring system and must transfer marijuana flower by means of a secured transporter, except where exempted under the MMFLA.

Provisioning Centers

Licensees must obtain patient consent on a form provided by the MRA prior to selling any marijuana products obtained from a caregiver prior to April 1, 2019, that have not been tested in full compliance with the law and administrative rules. As of November 22, 2019, licensees must additionally test these products for Vitamin E Acetate, if intended for use by inhalation.

This advisory bulletin does not constitute legal advice and is subject to change. Licensees are encouraged to seek legal counsel to ensure their operations comply with all applicable laws and rules.
Well, at least they spelled it right this time. LOL
 
APPROVAL FOR RECREATIONAL CANNABIS DELIVERY IN MICHIGAN

Get your marijuana delivered 1 hour before your pizza. If all goes right you will only have to get up out of your chair twice.

Soon recreational cannabis will be able to be delivered to homes in the greater Grand Rapids Michigan area.

On the southwest side of the state 3 recreational marijuana businesses have approval for adult-use home delivery.

The Michigan Department of Licensing and Regulatory Affairs said several businesses were approved this week.

The process will be like medical marijuana delivery. Customers will sign up online and place an order. They will have to be 21 or older and provide an ID for verification.The state has set 2.5 ounces as the legal limit to purchase at a time. The limit for marijuana concentrate is 15 grams.

Delivery drivers also have rules to abide by. They must be 21+ years old, can not possess more than 15 ounces of marijuana, the product must be secured if left in a vehicle and have a GPS locator on at all times while delivering.

The prices have yet to be released.

LARA says there are currently 45 businesses with Michigan adult-use licenses.

Read The Delivery Rules Here: Marijuana Delivery
 
"
But he says they don't have to be truthful with him or even show him a medical marijuana card, when purchasing a firearm.

Which is why the decision of selling the weapon is always up to him and his staff."

Sigh.... well that's a great approach..... :uhh:

Marijuana use causing issues for some CPL holders

As sales of recreational marijuana are heating up across Michigan, questions remain about other laws surrounding the drug.

Gun store owners are now dealing with a clash between state and federal laws.

Though the use of recreational marijuana is legal in the state, federal law bars anyone who uses the drug from getting a concealed weapon.

TV5 asked Kyle Brookhouse, hunting department manager at Frank’s Great Outdoors, if he’s ever had had to deny a customer because of this law.

He says they have had to turn away medical and recreational marijuana users looking to purchase a firearm or pistol for concealed carry.

"That's what the ATF and the FBI goes by, the federal law, not the state law," Brookhouse said.

According to him, this means he can ask customers whether or not they use or possess marijuana.

But he says they don't have to be truthful with him or even show him a medical marijuana card, when purchasing a firearm.

Which is why the decision of selling the weapon is always up to him and his staff.

“Most people don't come out and say if they're a user of marijuana,” Brookhouse said. “So, if you have a bad feeling about the person, or if you think they're a user, or they smell of marijuana or they're acting kind of weird. You just go with your gut feeling."

As for gun sales, Brookhouse says they haven't changed much with the legalization of recreational marijuana.

He says despite the confusion it's caused for some of his customers, he doesn't think the law will be changed either.

"I think it's something that will probably stick around,” he said. “They're pretty strict with those laws, so I don't see that changing anytime soon."
 
"
But he says they don't have to be truthful with him or even show him a medical marijuana card, when purchasing a firearm.

Which is why the decision of selling the weapon is always up to him and his staff."

Sigh.... well that's a great approach..... :uhh:

Marijuana use causing issues for some CPL holders

As sales of recreational marijuana are heating up across Michigan, questions remain about other laws surrounding the drug.

Gun store owners are now dealing with a clash between state and federal laws.

Though the use of recreational marijuana is legal in the state, federal law bars anyone who uses the drug from getting a concealed weapon.

TV5 asked Kyle Brookhouse, hunting department manager at Frank’s Great Outdoors, if he’s ever had had to deny a customer because of this law.

He says they have had to turn away medical and recreational marijuana users looking to purchase a firearm or pistol for concealed carry.

"That's what the ATF and the FBI goes by, the federal law, not the state law," Brookhouse said.

According to him, this means he can ask customers whether or not they use or possess marijuana.

But he says they don't have to be truthful with him or even show him a medical marijuana card, when purchasing a firearm.

Which is why the decision of selling the weapon is always up to him and his staff.

“Most people don't come out and say if they're a user of marijuana,” Brookhouse said. “So, if you have a bad feeling about the person, or if you think they're a user, or they smell of marijuana or they're acting kind of weird. You just go with your gut feeling."

As for gun sales, Brookhouse says they haven't changed much with the legalization of recreational marijuana.

He says despite the confusion it's caused for some of his customers, he doesn't think the law will be changed either.

"I think it's something that will probably stick around,” he said. “They're pretty strict with those laws, so I don't see that changing anytime soon."
Well, perhaps not the best journalism....not just concealed permits (most of which are state by state issued) but just buying a gun requires the buyer to fill out a questionnaire that is then called into the National Instant Criminal Background Check System (NICS). On that questionnaire, is one question as to whether you used MJ or other illegal drugs.

The buyer fills out the form, the form is called into the Feds, within a few minutes its either cleared or denied.

I have never seen a store clerk exercise some sort of judegment about selling a gun...I mean, I suppose if you come in all crazy, but in general, just fill out the form as your conscious sees fit.
 
"
But he says they don't have to be truthful with him or even show him a medical marijuana card, when purchasing a firearm.

Which is why the decision of selling the weapon is always up to him and his staff."

Sigh.... well that's a great approach..... :uhh:

Marijuana use causing issues for some CPL holders

As sales of recreational marijuana are heating up across Michigan, questions remain about other laws surrounding the drug.

Gun store owners are now dealing with a clash between state and federal laws.

Though the use of recreational marijuana is legal in the state, federal law bars anyone who uses the drug from getting a concealed weapon.

TV5 asked Kyle Brookhouse, hunting department manager at Frank’s Great Outdoors, if he’s ever had had to deny a customer because of this law.

He says they have had to turn away medical and recreational marijuana users looking to purchase a firearm or pistol for concealed carry.

"That's what the ATF and the FBI goes by, the federal law, not the state law," Brookhouse said.

According to him, this means he can ask customers whether or not they use or possess marijuana.

But he says they don't have to be truthful with him or even show him a medical marijuana card, when purchasing a firearm.

Which is why the decision of selling the weapon is always up to him and his staff.

“Most people don't come out and say if they're a user of marijuana,” Brookhouse said. “So, if you have a bad feeling about the person, or if you think they're a user, or they smell of marijuana or they're acting kind of weird. You just go with your gut feeling."

As for gun sales, Brookhouse says they haven't changed much with the legalization of recreational marijuana.

He says despite the confusion it's caused for some of his customers, he doesn't think the law will be changed either.

"I think it's something that will probably stick around,” he said. “They're pretty strict with those laws, so I don't see that changing anytime soon."

What a strange interview, lol. Optional laws based on feelings?
 
West Michigan recreational marijuana dispensary receives state delivery license

PORTAGE, Mich. — Three West Michigan businesses that sell recreational marijuana have been awarded the ability to make home deliveries.

The Michigan Department of Licensing and Regulatory Affairs said Lit Provisionary, in Evart, Battle Creek Provisioning, in Battle Creek, and Nature’s Releaf Burton, in Burton, were approved for home pot deliveries. They are among the first approved for adult-use home delivery in Michigan, which began allowing sales of recreational marijuana on Dec. 1 to adults age 21 and over.

A store manager at Battle Creek Provisioning said they don't know when they will start delivering since the city hasn't issued them a permit to operate.

The delivery process is similar to medical marijuana delivery. Customers sign up online and place an order, but must provide identification to verify that they are at least 21 years old. Most payments will be made online, but delivery services are allowed to accept cash.


Delivery drivers must be 21 or older, they can’t carry more than 15 ounces of marijuana at a time and the product must be secure if it's left in the vehicle. Each vehicle must also have GPS to identify the location at all times.

The state has set 2.5 ounces as the legal limit to purchase at a time. The limit for marijuana concentrate is 15 grams.

Lake Effect Dispensary General Manager Jevin Weyenberg said he takes extra safety precautions and makes his drivers wear body cameras. Weyenberg said his Portage-based dispensary was one of the first in the state to make home deliveries to medical marijuana patients.

"There is a lot of security involved. A lot of it the customer doesn't even notice, which is fine," said Weyenberg.

Weyenberg said his dispensary has been pre-qualified to offer recreational sales. He hopes to deliver to recreational customers once Portage allows recreational marijuana.

Portage is one of three Kalamazoo County municipalities with existing medical marijuana businesses — Kalamazoo, Portage and Kalamazoo Township — have banned recreational businesses for now, opting to wait and revisit a proposed regulatory structure at a later date.

A list of the townships that have opted out of recreational can be found here.

"As the year goes on you’ll see many commercial establishments get recreational licenses. A year from today it will be a much different picture on the west side of the state," Weyenberg said.

More than 1,400 of Michigan’s nearly 1,800 cities, townships and villages aren’t allowing pot shops. Detroit has delayed recreational sales until at least Jan. 31.

Michigan Department of Licensing and Regulatory Affairs spokesman David Harns said the state has granted recreational marijuana licenses to 26 dispensaries statewide.

Harns said he anticipates more dispensaries will be awarded the ability to deliver to customers at home.

"Any business that want to deliver has to send us a plan to meet guidelines and we’ll give them authorization," Harns said.
 
Michigan dispensary to begin medical, recreational marijuana deliveries

(WXYZ) — A new option is rolling out for those who use either medical or recreational marijuana in Michigan.

Nature's ReLeaf, a marijuana dispensary in Burton, is one of three businesses approved by the state to deliver the drug to people's doorsteps.

Customers can sign up online to place an order, but have to show ID to prove they're at least 21 years old.

The company will deliver to the following metro Detroit communities:

  • Birmingham
  • Bloomfield Township/Bloomfield Hills
  • Clarkston
  • Clawson
  • Commerce
  • Davison
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Expect a fight before Detroit gets recreational cannabis stores

We're about three weeks out from Jan. 31. That's the date Detroit City Council has set for ending its temporary opt-out of the state recreational marijuana system. But so far we're not hearing anything from the city regarding its plans for recreational marijuana retail sales. City Council's provision is that it will be at least until Jan. 31 — and possibly later — as the city works out whatever it's working out. That later thing is starting to look like it might become a reality because it takes time to move these decisions through a bureaucracy, and we've not seen any movement from council.


Attorney Matt Abel, executive director of Michigan NORML, says he's "not optimistic" regarding what Detroit comes up with.

A lot of things are colliding at the same time as the city continues to drag its feet in accommodating the marijuana industry:

• Whatever Detroit comes up with, there will have to be time for public comment before anything is passed. There will be plenty of comment from the community groups that still don't want to see marijuana anywhere in town.

• There will be business people who, justifiably or not, believe they're getting screwed.

• Then there's the problem of how to spread some social equity around when, as it stands now, all the licenses the city will allow for provisioning centers and potential retail outlets are already taken by non-social-equity owners.

• There's also the issue of non-social-equity owners feeling threatened by social-equity provisions and proponents.

• And then there's already a lawsuit against the state and the city by several Detroit provisioning center owners who believe they're due recreational licenses.

• Still another issue is that the state law regarding social-equity provisions states that microbusinesses can be exempted from some local zoning rules, which is another lawsuit waiting to happen when folks start to implement that.

Whatever Detroit comes up with, somebody is not going to like it. Get ready for another season of fighting about marijuana rather than moving ahead. That's in contrast to what looks like a relatively smooth Jan. 1 rollout of recreational sales in Illinois, where the lieutenant governor made the first purchase. There were 37 stores open on the first day and nearly $3.2 million in sales. Compare that to the five retail stores Michigan debuted with and the $123,000 we marveled about on that first day.

"How can we start to raise the real issue?" asks Joe White, director of Detroit NORML. "The topic is economic inclusion. We're not a part of this multibillion-dollar business [that's] being talked about in the papers."

Until the city shows what its provisions will be, nobody knows what rules we'll be working with. That process has the potential to reach the ballot in November. The discussion at a recent Detroit NORML meeting covered the possibility of a petition initiative if the city continues its opt-out posture on recreational marijuana. That doesn't seem likely, but it didn't seem likely that Detroiters, who have consistently voted in favor of marijuana law reform by large margins, would be left out of the opening of retail marijuana sales.

It looks like there is still a quiet struggle going on about marijuana in Detroit. Councilman James Tate tells me that "we are way past" the opposition from the Christian ministers. Then who's in the way? Business interests? Community groups? Detroiters have consistently voted for marijuana reform with a strong majority. City government is supposed to be responding to the will of the people, so what's the hang-up?

Strap on your boots. This isn't over yet by a long shot.
 
How Michigan’s Gage Green Group is reimagining boutique cannabis

Gage Green Group earned a reputation for its seeds.

Courtesy of Gage Green Group
Gage Green Group earned a reputation for its seeds.
Gage Green Group founders Jeff Selsor and Michael Fang first met in California in the early 2000s, where they quickly earned a reputation for breeding and cultivating high-quality cannabis seeds for coveted strains like Grape Stomper OG and Mendo Breath. Since then, their business has primarily functioned as a seed bank, and in 2014, Gage Green Group called Michigan home, moving to the east side of the state after a falling out with previous business partners in California and Oregon.
But in early 2017, police raided Gage Green Group at their grow and breeding site north of Flint, where officials confiscated almost everything, including their lights, plants, and seeds they had been breeding for more than a decade.

"Back then we were just pheno-hunting," Fang says. "We were doing research, we were popping a lot of seeds. We had a lot of clones." Fang refers to the process of growing many seeds to find a phenotype with the desired dominant traits. Since the desired traits are often not expressed until the plants start flowering, clones are made before the traits show, which are then either grown or discarded.
According to the Michigan Medical Marihuana Act of 2008, a "plant" is "any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material." The law allows growers to have up to 12 plants, but even a small clone is considered a "plant," which is counted in the total plant limit.
"We had to rebuild with nothing," Fang says. "We started from zero in 2017 ... we had no genetics, no seeds, no flowers, and no money."
While Selsor and Fang were working to rebuild their business, Gage Green Group received multiple offers to buy out what they had left of their seed collection and their business, as well as a copyright dispute over its name. (Though it's worth noting that "gage" is Jazz Age slang for marijuana.)
"This industry is really hard," Fang says. "I don't know how to compare it to any other industry."
In 2018, Michigan voters legalized recreational marijuana use and sales, which further changed the business landscape for Gage Green Group. "We are just cultivating ourselves, we are trying to make, indeed, the best us we can be," says Fang.
Despite these obstacles, Gage Green Group has doubled down on its commitment to the most natural and healthy cannabis plants.
"We don't want the cheap stuff around anymore. We don't want laziness and people skipping steps for profit," Fang says. "If we can all do our best work to make money, that's the kind of world we want to live in."
Today Gage Green Group's seed bank has become recognized across the country, featured in books, magazines, and earned numerous awards from the High Times Cannabis Cup.
"We aren't trying to be huge and commercial," says Fang. "We want to stay boutique."
"We turned a negative situation into a positive situation," Selsor says. "We had a lot of hurdles. We have a boatload of information from a boatload of experience. A lot of people would really fail in our situation."
Now, Gage Green Group is preparing for its Winter and Spring Organic Cups, which brings industry professionals from around the state to the company's cannabis farm to network and learn about organic growing practices.

 
Michigan Commission Recommends No Limit on THC in Drivers’ Bodies
Experts maintain that THC in the blood does not necessarily mean that a person is impaired—or even high.

A Michigan commission tasked with studying the effects of cannabis on driving has recommended that the state not impose limits on the amount of THC that can be present in drivers’ bodies. The Impaired Driving Safety Committee issued the recommendation in a report that was released last week after spending nearly two years exploring the issue. The panel of six members appointed by former Gov. Rick Snyder reviewed published scientific research and conducted roadside tests with the Michigan State Police to complete its work. Members of the committee include a medical marijuana patient and law enforcement, forensic toxicology, cannabis pharmacology, and traffic safety professionals.

The committee determined that while cannabis use can have an effect on driving, the level of THC in a driver’s blood is not a reliable indicator of driving impairment. Instead, Committee member Norbert Kaminski, a professor of pharmacology and toxicology at Michigan State University, recommended that police use roadside sobriety tests.

“The only reasonable way to do this right now is to demonstrate that people are impaired,” said Kaminski.

The committee also recommended additional training to detect impaired driving for law enforcement officers and a campaign to educate the public on the dangers of driving while high.


‘Very Poor’ Correlation Between THC Levels and Impairment
Kaminski also noted that he was glad that the former governor had formed the commission to “make logical and rational decisions based on the state of the science.” He said that there is a “very poor correlation” between levels of THC in blood and driving impairment for several reasons. When cannabis is consumed by smoking or vaporization, THC levels quickly spike but then fall rapidly as well, dropping to half of the peak level within six to 10 minutes. Because of this rapid fluctuation, THC levels at the time a blood test is administered do not accurately reflect the level while driving. Also, heavy cannabis users can have higher THC levels than inexperienced users without showing signs of impairment. Cannabis detection times can last up to 30 days after discontinuing use, and sometimes longer after any effects from the drug have passed.

Under current Michigan law, it is illegal to drive with any detectable level of THC in the blood. But with medical marijuana legal since 2008 and recreational cannabis legalized last year, former Gov. Snyder sought to clarify the rules on impaired driving. It will be up to the state legislature to act on the committee’s recommendations by codifying them into law, which would be subject to approval or veto by current Gov. Gretchen Whitmer.

In the report, the committee said that blood THC levels “are indicative of exposure, but are not a reliable indicator of whether an individual is impaired.” The committee also determined that stoned drivers are probably not as dangerous as those who get behind the wheel after drinking.


“Interestingly, in most of the simulator and vehicle studies, cannabis-impaired subjects typically drive slower, keep greater following distances, and take fewer risks than when sober,” the committee wrote. “These effects appear to suggest that the drivers are attempting to compensate for the subjective effects of using cannabis. This is contrasted with alcohol-impaired subjects, who typically drive faster, follow more closely, and take more risks than when sober.”

Despite the lack of a scientific basis for arbitrary THC limits, five states including Colorado, Washington, Montana, Nevada, and Ohio have enacted laws with such restrictions.
 

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